Small Estate Affidavit in Minnesota
How to collect a loved one's property in Minnesota without full probate: the dollar limit, waiting period and official form.
Short answer: If the entire probate estate (less liens and encumbrances) is $75,000 or less, a successor may collect personal property (money owed, accounts, stocks, tangible property, safe deposit box contents, vehicles) by affidavit 30 days after death, with a certified death record, provided no… Minn. Stat. § 524.3-1201
| Small estate affidavit | If the entire probate estate (less liens and encumbrances) is $75,000 or less, a successor may collect personal property (money owed, accounts, stocks, tangible property, safe deposit box contents, vehicles) by affidavit 30 days after death, with a certified death record, provided no application or petition for a personal representative is pending or granted. The affidavit procedure covers personal property, not real estate. Source: Minn. Stat. § 524.3-1201 |
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| Simplified probate | Summary proceedings let the court close an estate summarily when all property is exempt, or when the gross probate value (excluding the exempt homestead and exempt property) is $150,000 or less and goes to the spouse's selection, family allowances and priority expenses and claims. A bond may be required. Source: Minn. Stat. § 524.3-1203 |
| Deadline for creditor claims | Creditors must present claims within 4 months after the first publication of the notice to creditors (for creditors served directly, the later of 4 months after publication or 1 month after service). Claims not presented are barred 1 year after death, with exceptions for certain state and county medical assistance claims. Source: Minn. Stat. § 524.3-803 |
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- How to Make a Valid Will in Minnesota
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- Living Wills and Advance Directives in Minnesota
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- All Minnesota wills, probate and estate rules
FAQ
What is the small estate limit in Minnesota?
If the entire probate estate (less liens and encumbrances) is $75,000 or less, a successor may collect personal property (money owed, accounts, stocks, tangible property, safe deposit box contents, vehicles) by affidavit 30 days after death, with a certified death record, provided no application or petition for a personal representative is pending or granted. The affidavit procedure covers personal property, not real estate.
Is there a simplified probate process in Minnesota?
Summary proceedings let the court close an estate summarily when all property is exempt, or when the gross probate value (excluding the exempt homestead and exempt property) is $150,000 or less and goes to the spouse's selection, family allowances and priority expenses and claims. A bond may be required.
How long do creditors have to file claims against an estate in Minnesota?
Creditors must present claims within 4 months after the first publication of the notice to creditors (for creditors served directly, the later of 4 months after publication or 1 month after service). Claims not presented are barred 1 year after death, with exceptions for certain state and county medical assistance claims.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.